President Jacob Zuma has been dragged to court for allegedly using unlawful means to overrule a commission's decision recognising King Makhosoke II Mabhena as the sole paramount ruler of the Manala clan of the Ndebele nation.
The king's application, which seeks to force Zuma to rectify the amendment he made in November 2010, was heard for the first time in the North Gauteng High Court in Pretoria yesterday.
In his amendment, Zuma kept Mabhena as the king but listed King Mabhoko III Mahlangu, who contested the kingship position in the commission, as the deemed king.
This despite the commission ruling which was in Mabhena's favour.
This did not sit well with Mabhena as Mahlangu enjoyed the same royal privileges such as salary, state-issued cars and other perks provided by the government. Mabhena resides in KwaMhlanga while Mahlangu lives in Siyabuswa, both in Mpumalanga.
In court papers, Zuma is listed as the first respondent, followed by the Nhlapo Commission, the chairman of the commission, Minister of Co-operative Governance and Traditional Affairs, Mpumalanga premier David Mabuza, the National House of Traditional Leaders, the Mpumalanga House of Traditional Leaders and Mahlangu.
The commission declared Mabhena as the rightful king in 2008 and in November 2010 Zuma used powers given to him by the 2009 Traditional Law Act to amend the commission's decision to return Mahlangu to power. In so doing Zuma created a situation of dual power for the Ndebele nation.
Gerrit Muller, SC, who represented the applicant, argued that Zuma needed to rectify his mistake as the commission had made the decision under the old act which did not give the president any powers to amend decisions made by the commission.
Muller said they first raised this with the Presidency in 2013 but there was no response.
Advocates representing the eight respondents, however, argued that the first act made certain provisions for the commission's decisions to be overruled.
They also wanted the application to be rejected on the basis that the applicant had sought intervention from the court without bringing in affected stakeholders such as the traditional council, the community and other members of the royal family.
"The applicant thinks he is va king unto himself and that he can do as he pleases. He is selfish for bringing this application here. What if some people don't agree with him on this matter for the sake of peace," said Simmy Lebala, SC.
He said in reality Mahlangu enjoyed greater jurisdiction and popularity than Mabhena. "History has shown us the Mabhena and Mahlangu ancestors tried to get together but this did not work. And what if the president considered all these facts and decided to put both in positions of power? This court must not entertain this application as it might have irreparable consequences that might cause a civil war," said Lebala.
Andrew Papi Langa SC represented Zuma and three other respondents.
sifilel@sowetan.co.za
Ndebele kings in court over turf war
President Jacob Zuma has been dragged to court for allegedly using unlawful means to overrule a commission's decision recognising King Makhosoke II Mabhena as the sole paramount ruler of the Manala clan of the Ndebele nation.
The king's application, which seeks to force Zuma to rectify the amendment he made in November 2010, was heard for the first time in the North Gauteng High Court in Pretoria yesterday.
In his amendment, Zuma kept Mabhena as the king but listed King Mabhoko III Mahlangu, who contested the kingship position in the commission, as the deemed king.
This despite the commission ruling which was in Mabhena's favour.
This did not sit well with Mabhena as Mahlangu enjoyed the same royal privileges such as salary, state-issued cars and other perks provided by the government. Mabhena resides in KwaMhlanga while Mahlangu lives in Siyabuswa, both in Mpumalanga.
In court papers, Zuma is listed as the first respondent, followed by the Nhlapo Commission, the chairman of the commission, Minister of Co-operative Governance and Traditional Affairs, Mpumalanga premier David Mabuza, the National House of Traditional Leaders, the Mpumalanga House of Traditional Leaders and Mahlangu.
The commission declared Mabhena as the rightful king in 2008 and in November 2010 Zuma used powers given to him by the 2009 Traditional Law Act to amend the commission's decision to return Mahlangu to power. In so doing Zuma created a situation of dual power for the Ndebele nation.
Gerrit Muller, SC, who represented the applicant, argued that Zuma needed to rectify his mistake as the commission had made the decision under the old act which did not give the president any powers to amend decisions made by the commission.
Muller said they first raised this with the Presidency in 2013 but there was no response.
Advocates representing the eight respondents, however, argued that the first act made certain provisions for the commission's decisions to be overruled.
They also wanted the application to be rejected on the basis that the applicant had sought intervention from the court without bringing in affected stakeholders such as the traditional council, the community and other members of the royal family.
"The applicant thinks he is va king unto himself and that he can do as he pleases. He is selfish for bringing this application here. What if some people don't agree with him on this matter for the sake of peace," said Simmy Lebala, SC.
He said in reality Mahlangu enjoyed greater jurisdiction and popularity than Mabhena. "History has shown us the Mabhena and Mahlangu ancestors tried to get together but this did not work. And what if the president considered all these facts and decided to put both in positions of power? This court must not entertain this application as it might have irreparable consequences that might cause a civil war," said Lebala.
Andrew Papi Langa SC represented Zuma and three other respondents.
sifilel@sowetan.co.za
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